Minn. Stat. § 245A.01
Citation
This chapter may be cited as the "Human Services Licensing Act."
Minnesota Statutes Chapter 245A — Human Services Licensing
Minnesota · statute · Minn. Stat. ch. 245A · 54 active provisions
Provisions
Minn. Stat. § 245A.02
Definitions
Subdivision 1. Scope. The terms used in this chapter have the meanings given them in this section. Subd. 2. Adult. "Adult" means a person who is 18 years old or older and who: (1) has mental illness, developmental disability, physical disability, or functional impairment; or (2) has substance use disorder or abuses sub…
Minn. Stat. § 245A.03
Who Must Be Licensed
Subdivision 1. License required. Unless licensed by the commissioner under this chapter, an individual, organization, or government entity must not: (1) operate a residential or a nonresidential program; (2) receive a child or adult for care, supervision, or placement in foster care; or (3) advertise a residential or n…
Minn. Stat. § 245A.04
Application Procedures
Subdivision 1. Application for licensure. (a) An individual, organization, or government entity that is subject to licensure under section 245A.03 must apply for a license. The application must be made on the forms and in the manner prescribed by the commissioner. The commissioner shall provide the applicant with instr…
Minn. Stat. § 245A.041
Systems and Records
Subdivision 1. Establishment; use. The commissioner's establishment and use of systems and records to fulfill the requirements under chapter 245C shall be governed according to section 245C.32, subdivisions 1 and 2. Subd. 2. National records search. National records searches shall be governed according to section 245C.…
Minn. Stat. § 245A.042
Home and Community-Based Services; Additional Standards and Procedures
Subdivision 1. Standards governing the provision of home and community-based services. Residential and nonresidential programs for persons with disabilities or age 65 and older must obtain a license according to this chapter to provide home and community-based services defined in the federal waiver plans governed by Un…
Minn. Stat. § 245A.043
License Application After Change of Ownership
Subdivision 1. Transfer prohibited. A license issued under this chapter is only valid for a premises and individual, organization, or government entity identified by the commissioner on the license. A license is not transferable or assignable. Subd. 2. Change in ownership. (a) If the commissioner determines that there…
Minn. Stat. § 245A.05
Denial of Application
(a) The commissioner may deny a license if an applicant or controlling individual: (1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1; (2) fails to comply with applicable laws or rules; (3) knowingly withholds relevant information f…
Minn. Stat. § 245A.055
Closing a License
Subdivision 1. Inactive programs. The commissioner may close a license if the commissioner determines that a licensed program has not been serving any client for a consecutive period of 12 months or longer. The license holder is not prohibited from reapplying for a license if the license holder's license was closed und…
Minn. Stat. § 245A.06
Correction Order and Conditional License
Subdivision 1. Contents of correction orders and conditional licenses. (a) If the commissioner finds that the applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner…
Minn. Stat. § 245A.07
Sanctions
Subdivision 1. Sanctions; appeals; license. (a) In addition to making a license conditional under section 245A.06, the commissioner may suspend or revoke the license, impose a fine, or secure an injunction against the continuing operation of the program of a license holder who does not comply with applicable law or rul…
Minn. Stat. § 245A.075
Disqualified Individual; Denial, Conditional License, Revocation
(a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder's home, when the disqualified individual has not received a set-aside and a variance has not been granted under chapter 245C, the commissioner may issue: (1) an order of denial of an application; (2) an…
Minn. Stat. § 245A.08
Hearings
Subdivision 1. Receipt of appeal; conduct of hearing. Upon receiving a timely appeal or petition pursuant to section 245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner shall issue a notice of and order for hearing to the appellant under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. Subd. 2. C…
Minn. Stat. § 245A.081
Settlement Agreement
(a) A license holder who has made a timely appeal pursuant to section 245A.06, subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction. For the purposes of this section, the following conditions apply to a settlement…
Minn. Stat. § 245A.085
Consolidation of Hearings; Reconsideration
Hearings authorized under this chapter, sections 256.045, 256B.04, and 626.557, and chapters 245C and 260E, shall be consolidated if feasible and in accordance with other applicable statutes and rules. Reconsideration under sections 245C.28; 260E.33; and 626.557, subdivision 9d, shall also be consolidated if feasible.
Minn. Stat. § 245A.09
Rules
Subdivision 1. Commissioner's authority. The commissioner shall adopt rules under chapter 14 to govern the operation, maintenance, and licensure of programs subject to licensure under this chapter. The commissioner shall not adopt any rules that are inconsistent with or duplicative of existing state or federal regulati…
Minn. Stat. § 245A.095
Rules for Programs Serving Persons with Mental Illnesses
Subdivision 1. License required. Residential programs with five or more persons with a mental illness must be licensed under this chapter. To assure that this requirement is met, the commissioner of health, in cooperation with the commissioner of human services, shall monitor licensed boarding care homes, board and lod…
Minn. Stat. § 245A.0951
Adoption of Rules for Licensure of Secure Treatment Facilities
The commissioner of human services shall adopt rules to govern the licensure of secure treatment facilities operated by the Minnesota Sex Offender Program or any other facility operated by the executive board for a person committed as a sexual psychopathic personality or a sexually dangerous person.
Minn. Stat. § 245A.10
Fees
Subdivision 1. Application or license fee required. The commissioner shall charge a fee for evaluation of applications and inspection of programs which are licensed under this chapter. Subd. 2. Application or license inspection fee required; programs with county oversight. For purposes of adult foster care and child fo…
Minn. Stat. § 245A.11
Special Conditions for Residential Programs
Subdivision 1. Policy statement. It is the policy of the state that persons shall not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. Subd. 2. Permitted single-family residential use. (a) Residential programs with a licensed capacity of six…
Minn. Stat. § 245A.12
Voluntary Receivership for Residential or Nonresidential Programs
Subdivision 1. Definitions. For purposes of this section and section 245A.13, the following terms have the meanings given them. (a) "Controlling individual" has the meaning in section 245A.02, subdivision 5a. When used in this section and section 245A.13, it means only those individuals controlling the residential or n…
Minn. Stat. § 245A.13
Involuntary Receivership for Residential or Nonresidential Programs
Subdivision 1. Application. (a) In addition to any other remedy provided by law, the commissioner may petition the district court in Ramsey County for an order directing the controlling individuals of a residential or nonresidential program licensed or certified by the commissioner to show cause why the commissioner sh…
Minn. Stat. § 245A.14
Special Conditions for Nonresidential Programs
Subdivision 1. Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations. Subd. 2. Permitted multifamily use. Except as oth…
Minn. Stat. § 245A.142
Early Intensive Developmental and Behavioral Intervention Provisional Licensure
Subdivision 1. Definitions. The definitions in section 256B.0949, subdivision 2, apply to this section. Subd. 2. Regulatory powers. The commissioner shall regulate early intensive developmental and behavioral intervention (EIDBI) agencies pursuant to this section. Subd. 3. Provisional license. (a) Beginning January 1,…
Minn. Stat. § 245A.143
Family Adult Day Services
Subdivision 1. Scope. (a) The licensing standards in this section must be met to obtain and maintain a license to provide family adult day services. For the purposes of this section, family adult day services means a program operating fewer than 24 hours per day that provides functionally impaired adults age 18 or olde…
Page 1 of 3Next →